Gulshan Verma & Ors. v. Sunita Gupta (Jindal) & Anr

Delhi High Court · 16 Nov 2015 · 2015:DHC:9330
Hima Kohli
Ex.P. 214/2012
2015:DHC:9330
civil other

AI Summary

The Delhi High Court disposed of an execution petition on the basis of a settlement involving payment by cheque, allowing revival if the cheques are dishonoured.

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Ex.P.No.214/2012 HIGH COURT OF DELHI
EX.P. 214/2012 & EAs No.695-96/2013, 773/2013, 784-85/2013 and 68/2014
GULSHAN VERMA & ORS ..... Decree Holders
Through : Mr. Rajat Arora, Advocate
VERSUS
SUNITA GUPTA(JINDAL) & ANR .....Judgement Debtors
Through :
JUDGMENT
Debtors in person.
Insp. C.L. Meena, PS Punjabi Bagh and SI Parveen Kumar, PS Roop Nagar.
Mr. Sohail Ahuja, Advocate for Mr. Jasbir Singh.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 16.11.2015

1. Pursuant to the order dated 15.9.2015 when bailable warrants were issued against the Judgment Debtors, both the Judgment Debtors are present.

2. Counsel for the Decree Holders and learned counsel appearing for Mr. Jasbir Singh jointly state that the parties have arrived at a settlement, whereunder Mr. Jasbir Singh has agreed to pay a sum of Rs.25.00 lacs to the Decree Holders on behalf of the Judgment Debtors in full and final settlement of all their claims arising out of the judgment and decree dated 8.5.2012 passed in CS(OS)No.168/2012.

3. Counsel for the Decree Holders states that out of the agreed 2015:DHC:9330 Ex.P.No.214/2012 sum of Rs.25.00 lacs, the Judgment Debtors have paid a sum of Rs.8.00 lacs to the Decree Holders. For the balance amount of Rs.17.00 lacs, learned counsel for Mr. Jasbir Singh hands over four cheques for and on behalf of the Judgment Debtors to the counsel for the Decree Holders with an assurance that as and when the said cheques are presented for encashment, they shall be duly honoured. The said cheques are duly accepted by the counsel for the Decree Holders.

4. In view of the aforesaid submission, nothing further survives for adjudication in the present petition, which is accordingly disposed of, along with the pending applications. Needless to state that if the four cheques in question handed over to the Decree Holders are dishonoured, then they shall be entitled to approach the Court for seeking revival of the execution petition.

5. File be consigned to the record room. HIMA KOHLI, J NOVEMBER 16, 2015 sk/ap